678Failure to comply with order—carrying out of work by the council

#### 678 Failure to comply with order—carrying out of work by the council 678 Failure to comply with order—carrying out of work by the council > > (1) If a person fails to comply with the terms of an order given to the person under Part 2 of Chapter 7, the council may do all such things as are necessary or convenient to give effect to the terms of the order, including the carrying out of any work required by the order. > > > (2) If the council gives effect to an order by demolishing a building, the council— > > > > > (a) may remove any materials concerned, and > > > > > (b) may sell the materials, unless the expenses of the council in giving effect to the terms of the order are paid to it within 14 days after removal of the materials. > > > (3) If the proceeds of such a sale exceed the expenses incurred by the council in relation to the demolition and the sale, the council— > > > > > (a) may deduct out of the proceeds of the sale an amount equal to those expenses, and > > > > > (b) must pay the surplus to the owner on demand. > > > (4) If the proceeds of sale do not exceed those expenses, the council— > > > > > (a) may retain the proceeds, and > > > > > (b) may recover the deficiency (if any) together with its costs of recovery from the owner as a debt. > > > (5) Materials removed that are not saleable may be destroyed or otherwise disposed of. > > > (6) Any expenses incurred by the council under this section (less the proceeds, if any, of any sale under this section) together with all its associated costs may be recovered by the council in any court of competent jurisdiction as a debt due to the council by the person concerned. > > > (7) Nothing in subsection (3), (4) or (6) affects the owner’s right to recover any amount from any lessee or other person liable for the expenses of repairs. > > > (8) A reference in subsection (4) or (6) to costs is a reference to costs incurred by the council in seeking to recover the deficiency or expenses otherwise than by proceedings in a court, but nothing in this section prevents the council from receiving costs as between party and party in respect of those proceedings. > > > (9) A council may exercise its functions under this section irrespective of whether the person concerned has been prosecuted for an offence under section 628. > > > (10) In any proceedings before the Land and Environment Court that are brought by a council against a person as a result of the person’s failure to comply with an order under Part 2 of Chapter 7, the Court may, at any stage of the proceedings, order the council to exercise the council’s functions under this section. Having made such an order, the Court may continue to hear and determine the proceedings or may dismiss the proceedings. > > Note. > > Section 193 requires the council to give the owner or occupier of premises written notice before a person authorised to enter premises under Part 2 of Chapter 8 of the Act does so. > > **s 678:** Am 1994 No 44, Sch 13 (2); 2000 No 112, Sch 3 \[31\].